ACLU, gay couples seek Fla. marriage recognition

MIAMI BEACH, Fla. (AP) — Eight gay couples and the American Civil Liberties Union have sued the state of Florida, arguing it is discriminating against the couples by not recognizing same-sex marriages performed in states where they are legal.

The lawsuit is among the latest in a groundswell of challenges in the divisive gay marriage debate. Within the last 30 days, suits similar to the one in Florida have been filed in Alabama, Indiana and Arizona. In Kentucky, a federal judge last month ordered the state to recognize same-sex marriages performed legally in other states and countries.

Lawsuits have also been filed in Florida, Arizona, Kentucky and elsewhere challenging state bans on gay marriage.

Sandra Newson, left, talks to reporters as Denise Hueso, listens during a news conference in Miami Beach, Fla. on Thursday, March 13, 2014. Howard Simon, Executive Director American Civil Liberties Union of Florida, announced that eight gay couples and the ACLU have filed a federal lawsuit seeking to force Florida to recognize same-sex marriages performed in other states. Newson, who is a plaintiff in the lawsuit along with wife Denise Hueso, said the couple moved from Miami to Massachusetts so they could get married in 2009. They adopted a son, now 15, who has cerebral palsy and they decided to move back to South Florida, where they had more family to help care for him. (AP Photo/Alan Diaz)

Sandra Newson, who is a plaintiff in the Florida lawsuit with her wife Denise Hueso, said the couple moved to Massachusetts from Miami so they could get married in 2009. They adopted a son, now 15, who has cerebral palsy and they decided to move back to South Florida, where they had more family to help care for him.

When they moved back, they lost legal recognition of their marriage and began encountering a host of difficulties, such as having to prove they are their son's parents during hospital stays and battling auto insurance companies for seemingly mundane things such as the marriage discount.

Newson said current Florida law undermines the commitment she and her partner made to each other.

"We want the state of Florida to recognize our marriage and our family," she said.

"There is no rational reason for the discrimination that Florida inflicts on married couples," Simon said.

The lawsuit, filed late Wednesday in federal court in Tallahassee, names Gov. Rick Scott, Attorney General Pam Bondi and other top Florida officials. It asks a judge to declare Florida's refusal to recognize same-sex marriages as an unconstitutional violation of equal protection and due process rights, said ACLU attorney Daniel Tilley. The lawsuit also asks for a ruling requiring the state to recognize the marriages performed elsewhere.

Scott, a Republican, issued a statement saying he supports Florida's constitutional amendment defining marriage as between a man and a woman, but added that he "does not believe that anyone should be discriminated against for any reason." The statement stopped short of endorsing the ACLU lawsuit, however.

Seventeen states and the District of Columbia allow gay marriage. A separate lawsuit filed earlier this year in Miami-Dade Circuit Court is challenging the ban on same-sex marriage that Florida voters added to the state constitution in 2008.

The new Florida lawsuit followed a decision by Kentucky's attorney general earlier this month not to appeal a judge's ruling granting recognition to gay couples married in other states. Kentucky will pursue the appeal using outside lawyers.

Several federal judges have issued rulings in support of same-sex marriage since the U.S. Supreme Court's decision in June struck down part of the federal anti-gay marriage law. Two of the rulings — striking down same-sex marriage bans in Utah and Oklahoma — are being appealed to a federal appeals court in Denver.

Joining the ACLU and the gay couples in the Florida lawsuit is the SAVE organization, which advocates for rights and protections for people of all gender identities.

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Follow Curt Anderson on Twitter: http://twitter.com/Miamicurt

Howard Simon, Executive Director American Civil Liberties Union of Florida, gestures as he announces that eight gay couples and the ACLU have filed a federal lawsuit seeking to force Florida to recognize same-sex marriages performed in other states, in Miami Beach, Fla., Thursday, March 13, 2014. The lawsuit names Gov. Rick Scott and other top Florida officials. It asks a judge to declare Florida's refusal to recognize same-sex marriages as unconstitutional. The lawsuit also wants a ruling requiring the state to recognize the marriages.(AP Photo/Alan Diaz)

Thomas Gannt, married in Washington, D.C., with Juan Del Hierro, carries his son Lucas Del Hierro-Gannt, listens during a news conference, in Miami Beach, Fla., Thursday, March 13, 2014. Howard Simon, Executive Director American Civil Liberties Union of Florida, announced that eight gay couples and the ACLU have filed a federal lawsuit seeking to force Florida to recognize same-sex marriages performed in other states. The lawsuit names Gov. Rick Scott and other top Florida officials. It asks a judge to declare Florida's refusal to recognize same-sex marriages as unconstitutional. The lawsuit also wants a ruling requiring the state to recognize the marriages. (AP Photo/Alan Diaz)